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Donato Taa, et al v. Chase Home Finance

March 19, 2012

DONATO TAA, ET AL.,
PLAINTIFFS,
v.
CHASE HOME FINANCE, LLC, ET AL.,
DEFENDANTS.



The opinion of the court was delivered by: Edward J. Davila United States District Judge

United States District Court For the Northern District of California

ORDER GRANTING MOTION TO DISMISS WITH LEAVE TO AMEND (Re: Docket No. 24)

Pending before the court is Defendant JP Morgan Chase Bank, N.A.'s ("JP Morgan")

Motion To Dismiss Plaintiff Donato Taa's and Plaintiff Anita Taa's First Amended Complaint 18 ("FAC"). The court heard oral argument on October 21, 2011. For the reasons below, JP Morgan's 19 motion is GRANTED. The FAC is dismissed with leave to amend. 20

I.BACKGROUND

On January 21, 2005, a Deed of Trust was recorded with the Santa Clara County Official Records indicating that Plaintiffs borrowed $475,500 from Defendant Ampro Mortgage Corp. 23

Way, Milpitas, California ("Subject Property").*fn1 See RJN Ex. 1, ECF No. 24-1. The Deed of Trust 25

("Ampro") and secured that loan by the Dead of Trust encumbering the property at 1178 Stellar 24

Insurance Commission ("FDIC") on September 25, 2008; (6) the Notice of Trustee's Sale recorded

lists Ampro as the lender and trustee and lists Mortgage Electronic Registration Systems, Inc. 2

("MERS") as the beneficiary.Id.3

On June 30, 2008, a Notice of Default signed by Defendant Quality Loan Service

Corporation ("Quality") was recorded indicating that the Subject Property was in foreclosure 5 because Plaintiffs were behind on their payments on the loan secured by the Deed of Trust. See id. 6

Ex. 2, ECF No. 24-3. The Notice of Default states that, as of June 30, 2008, ...


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